| TITLE III: | INTERIOR ENFORCEMENT |
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§ 3102 : INCREASING SECURITY AND INTEGRITY OF SOCIAL SECURITY CARDS |
FRAUD-RESISTANT, TAMPER-RESISTANT, WEAR-RESISTANT, AND IDENTITY THEFT-RESISTANT SOCIAL SECURITY CARDS.—
ISSUANCE.—
PRELIMINARY WORK.—Not later than 180 days after the date of the enactment of this Act, the Commissioner of Social Security shall begin work to administer and issue fraud-resistant, tamper-resistant, wear-resistant, and identity theft-resistant social security cards.
COMPLETION.—Not later than 5 years after the date of the enactment of this Act, the Commissioner of Social Security shall issue only social security cards determined to be fraud-resistant, tamper-resistant, wear-resistant, and identity theft-resistant.
AMENDMENT.—
IN GENERAL. —Section 205(c)(2)(G) of the Social Security Act (42 U.S.C. 405(c)(2)(G)) is amended by striking the second sentence and inserting the following:The social security card shall be fraud-resistant, tamper-resistant, wear-resistant, and identity theft-resistant..
EFFECTIVE DATE.—The amendment made by subparagraph (A) shall take effect on the date that is 5 years after the date of the enactment of this Act.
AUTHORIZATION OF APPROPRIATION.—There are authorized to be appropriated, from the Comprehensive Immigration Reform Trust Fund established under section 6(a)(1), such sums as may be necessary to carry out this section and the amendments made by this section.
EMERGENCY DESIGNATION FOR CONGRESSIONAL ENFORCEMENT.—In the Senate, amounts made available under this subsection are designated as an emergency requirement pursuant to section 403(a) of S. Con. Res. 13 (111th Congress), the concurrent resolution on the budget for fiscal year 2010.
EMERGENCY DESIGNATION FOR STATUTORY PAYGO.—Amounts made available under this subsection are designated as an emergency requirement under section 4(g) of the Statutory Pay-As-You-Go Act of 2010 (Public Law 111–139; 2 U.S.C. 933(g)).
MULTIPLE CARDS.—Section 205(c)(2)(G) of the Social Security Act (42 U.S.C. 405(c)(2)(G)), as amended by subsection (a)(2), is amended—
by inserting (i) after (G); and
by adding at the end the following:
The Commissioner of Social Security shall restrict the issuance of multiple replacement social security cards to any individual to 3 per year and 10 for the life of the individual, except that the Commissioner may allow for reasonable exceptions from the limits under this clause on a case-by-case basis in compelling circumstances.
CRIMINAL PENALTIES.—
SOCIAL SECURITY FRAUD.—
IN GENERAL.—Chapter 47 of title 18, United States Code, is amended by inserting at the end the following:
§ 1041. Social security fraud. Any person who— knowingly possesses or uses a social security account number or social security card knowing that the number or card was obtained from the Commissioner of Social Security by means of fraud or false statement;
knowingly and falsely represents a number to be the social security account number assigned by the Commissioner of Social Security to him or her or to another person, when such number is known not to be the social security account number assigned by the Commissioner of Social Security to him or her or to such other person;
knowingly, and without lawful authority, buys, sells, or possesses with intent to buy or sell a social security account number or a social security card that is or purports to be a number or card issued by the Commissioner of Social Security;
knowingly alters, counterfeits, forges, or falsely makes a social security account number or a social security card;
knowingly uses, distributes, or transfers a social security account number or a social security card knowing the number or card to be intentionally altered, counterfeited, forged, falsely made, or stolen; or
without lawful authority, knowingly produces or acquires for any person a social security account number, a social security card, or a number or card that purports to be a social security account number or social security card, shall be fined under this title, imprisoned not more than 5 years, or both.
TABLE OF SECTIONS AMENDMENT.— The table of sections for chapter 47 of title 18, United States Code, is amended by adding after the item relating to section 1040 the following:Sec. 1041. Social security fraud..
INFORMATION DISCLOSURE.—
IN GENERAL.—Notwithstanding any other provision of law and subject to subparagraph (B), the Commissioner of Social Security shall disclose for the purpose of investigating a violation of section 1041 of title 18, United States Code, or section 274A,274B, or 274Cof the Immigration and Nationality Act (8 U.S.C. 1324a, 1324b, and 1324c), after receiving a written request and from an officer in a supervisory position or higher official of any Federal law enforcement agency, the following records of the Social Security Administration:
Records concerning the identity, address, location, or financial institution accounts of the holder of a social security account number or social security card.
Records concerning the application for and issuance of a social security account number or social security card.
Records concerning the existence or nonexistence of a social security account number or social security card.
LIMITATION.—The Commissioner of Social Security shall not disclose any tax return or tax return information pursuant to subparagraph (A) except as authorized by section 6103 of the Internal Revenue Code of 1986.